- E. Jean Carroll, who alleges Trump raped her, sued him for defamation more than three years ago.
- Carroll filed a second lawsuit on Thursday, alleging another claim of defamation and assault.
- Insider breaks down where the litigation between Carroll and Trump stands.
More than three years after E. Jean Carroll first accused former President Donald Trump of rape, she finally has the ability to prosecute him for the alleged assault thanks to a new New York law.
On Thanksgiving Day, the New York Adult Survivors Act went into effect, temporarily allowing a sexual assault lawsuit to be filed in cases where the statute of limitations has expired.
Just after midnight, Carroll filed a new lawsuit against Trump, accusing him of assault and defamation, according to Carroll Substack’s “Ask E Jean” post, which includes a downloadable version of the 29-page lawsuit.
“Dear friends, tonight, a few minutes after midnight, we filed a rape complaint against the former president,” he begins. “The new suit may ruin the former president’s Thanksgiving, but it will be nourishing for all the women who have ever been grabbed, groped, harassed, pinched, pushed, assaulted, smeared or dragged through the mud by a man powerful.”
This is the second lawsuit that Carroll, a longtime advice columnist for Elle magazine, has filed against Trump, after filing a separate libel suit against the then-president in November 2019.
With multiple hearings in different courts coming up, Insider breaks down all the ongoing litigation between Carroll and Trump, who recently announced he’s running for president again in 2024.
A traumatic encounter in a department store
Carroll first accused Trump of rape in his memoir, an excerpt from which was excerpted ahead of publication by New York Magazine in June 2019.
In the excerpt, Carroll described meeting Trump at the Bergdorf Goodman department store in the fall of 1995 or the spring of 1996.
She described her and Trump engaging in a light-hearted exchange in the lingerie section before Trump ushered Carroll into a dressing room, pinned her against a wall and proceeded to assault her, she said. writing. Although Carroll didn’t actually use the word “rape” in her essay, she later said it accurately described what happened to her.
Carroll never reported the incident to police, but said he told two friends about the alleged assault afterwards. She also said she kept the dress she wore that day, which was analyzed for DNA. Carroll’s legal team requested a sample of Trump’s DNA to compare with the analysis of Carroll’s dress, but court documents do not say whether they ever obtained a sample.
Carroll’s first trial
After her essay was published, Trump denied Carroll’s allegation in a series of press statements in June 2019, saying Carroll was “not my type” and suggesting she made up the story to sell. his memoirs.
Five months later, Carroll sued Trump for defamation, alleging he attacked her reputation by claiming she made up the story.
That lawsuit took a turn a year after it was filed when the Justice Department, led by then-Trump-appointed Attorney General Bill Barr, intervened in the case in a bid to have Trump removed as a defendant and replaced. by “US”.
The DOJ’s reasoning was that Trump made his comments about Carroll while acting as president, legally protecting him from being sued as an individual for his work as a public official. When the Biden administration took over, the DOJ continued to intervene in an attempt to remove Trump from the case.
Judge Lewis Kaplan denied the DOJ’s motion to replace Trump as defendant in October 2020, but Trump’s team appealed the following month. While the Second Circuit Court of Appeals initially ruled in Trump’s favor that federal law barred Trump from being sued personally, the court ultimately referred the matter to the DC Court of Appeals. That court will rule on whether Trump can be personally sued after hearing oral argument in January.
Trump also tried and failed to counter-sue Carroll, but Kaplan blocked that move in March, saying the timing of Trump’s effort appeared to be a “bad faith” attempt to delay proceedings.
What’s the latest?
Carroll’s attorneys have now filed an additional lawsuit against Trump, alleging a second act of defamation for statements he made on October 12 on Truth Social, calling Carroll’s allegation a “hoax and a lie”.
This lawsuit also includes a battery complaint against Trump for the alleged rape.
In a previous filing, Carroll’s attorneys asked that the cases be tried together and that the trial date be pushed back from February 6 to April 10, 2023.
Roberta Kaplan, Carroll’s attorney, declined to comment when contacted by Insider last week. Representatives for Trump did not respond to a request for comment. Alina Habba, Trump’s attorney, told The New York Times ahead of the filing that it was “completely inappropriate and we will take that up with the court.”